Friday, March 20, 2015

Sierra Club v. EPA

<> Sierra Club v. EPA - 3/18/15. In the U.S. Court of Appeals, Sixth Circuit, Case Nos. 12-3169, 12-3182 & 3420.
     Sierra Club challenged EPA's particulate matter attainment status and redesignation of the Cincinnati-Hamilton metropolitan area to "attainment" status and said the agency had acted illegally with respect to both actions, and it filed a petition for direct appellate review. The parties dispute both Sierra Club's standing to challenge the agency action and the correct interpretation of the relevant statute, the Clean Air Act.
     In a significant decision, the Appeals Court rules, "We find that the Club has standing, and we agree with its claim that "reasonably available control measures" are a prerequisite to redesignation. Therefore, we vacate EPA's redesignation of the Ohio and Indiana portions of the Cincinnati area."

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